Hold elections by January 31, 2026 or face consequences: SC to state bar councils

New Delhi, Sep 24 (PTI) The Supreme Court on Wednesday said elections in state bar councils have to be held by January 31, 2026 keeping mind the long pendency.

A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh said verification drive for LLB certificates cannot be a ground for postponing the elections.

"Having regard to the fact that elections to the State Bar Councils have not been held for decades, we have impressed upon senior counsel appearing for the Bar Council of India to ensure that elections of all State Bar Councils are held, if not simultaneously, in phased manner, by January 31, 2026," the bench ordered.

The top court was informed that the ongoing drive for verification of LLB certificates of advocates revealed a large number of fake degrees.

"There are people with fake degrees or no degrees at all. Then there are criminals who disguise themselves as lawyers to enter courtrooms and create violence," Justice Kant said, while lauding the drive.

The bench said in a democratic institution comprising a large number of lawyers and senior lawyers, elections should not have been delayed and held on time.

The top court was hearing a batch of pleas seeking to quash the Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015, which empowers BCI to extend the term of State Bar Council members beyond the statutory limits prescribed under the Advocates Act 1961.

Senior advocate Madhavi Divan, appearing for the petitioners, said only 14 out of 23 state bar councils have entered appearance and a few have filed replies.

Divan said in most state bar councils, elections have not been held for over two years and urged the bench to list the matter for hearing on Rule 32 and order elections in the meantime.

Senior advocate Guru Krishnakumar, appearing for Bar Council of India, claimed to have written to all state bar councils in July to prepare for elections but received responses only from six or seven of them.

He said so far as verification of the LLB certificates was concerned, around 50 per cent work has been done and urged the bench to extend the time till March 31, 2026 to all the state bar councils to hold the elections.

Justice Kant told KrishnaKumar that the verification should have been done at the earliest.

"If by January 31, 2026 elections are not held, then we may appoint a court commissioner, who may be a retired high court judge to conduct the elections. Complete it by January 31, 2026 and if 70 per cent of state bar councils have done it by January 31, 2026 we may consider granting some time or they may face serious consequences,” the judge said.

Justice Kant underlined court's softer language at the moment and cautioned state bar councils if there was any laxity in adhering to the timeline to conduct elections.

The bench also informed the BCI that it should have come forward with an application for appointment of a Commissioner for conducting the free and fair elections.

"We would have constituted a committee of former judges, some senior advocates and requested them to conduct or monitor the elections of all the states in a fair, transparent manner," Justice Kant said and posted the matter in October. PTI MNL MNL AMK AMK